IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of December, 2015
Filed on 13.7.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.215/2015
between
Complainant:- Opposite Parties:-
Sri. K. Babu, Aswathi 1. Sri. Santhosh, Proprietor
Avalookkunnu Ward Radio Centre, Cellular Service
Thathampally P.O. CCNB Road, Mullackal
Alappuzha – 13 Alappuzha
(By Adv. Jayan. C. Das)
2. The Officer in charge of
Administration, L.G. Electronics
Pvt. Ltd., A Wing (Third Floor)
D – 3, District Centre Sadak
New Delhi
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant purchased an LG Mobile Hand set Dual SIM X 147 on 6.12.2014 from the first opposite party manufactured by the second opposite party by paying Rs.7,300/-. Within 10 days of purchase the said phone showed certain complaints such as when calling, the call will cut off and the screen of the phone is in hanging position. Hence the complainant approached the first opposite party and intimated about the complaint. The first opposite party directed the complainant to entrust the phone to the service centre of LG at Pulimoottil Centre, Mullackal, Alappuzha for service and it was serviced also. But unfortunately after service the same complaint repeated. Hence the complainant again approached first opposite party. The first opposite party informed that in order to cure the complaint, the software of the phone is to be replaced and after two days phone was returned to the complainant by saying that the software replaced by them. But the phone again shown same complaint. Hence the complainant again approached the first opposite party and it was informed that in order to cure the complaint Panel Board of the phone is to be replaced and for which the first opposite party is not ready and the first opposite party insulted the complainant. Hence the complaint is filed.
2. Notice issued against the first opposite party was served and first opposite party filed vakalath only. Notice against the second opposite party was served, but they did not turn up. Hence the second opposite party set ex-parte.
3. Complainant was examined as PW1. Document produced marked as Ext.A1.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to get relief and cost?
5. The complainant purchased an LG Mobile set on 6.12.2014 from the first opposite party manufactured by the second opposite party by paying Rs.7300/-. Ext.A1 evidenced the same. According to the complainant within 10 days of purchase the said phone showed some complaints and he approached to the opposite party and intimated the complaint. As per the direction of the first opposite party complainant entrusted the phone to the service centre of LG at Pulimoottil Centre. Even though it was serviced by the service centre the same defect again repeated. Again it was repaired by the opposite party. But the same defects were continuing. The opposite parties did not file any version challenging the allegations of the complainant. Steps have been taken for proving the allegation. But from the unchallenged complaint of the complainant, we find that the complaint occurred within the warranty period. Hence the opposite party is bound to repair the defect of the mobile phone.
In the result, the complaint is allowed. The opposite parties are directed to repair the phone to the satisfaction of the complainant along with an extended warranty for 6 months. Failing which the opposite parties are directed to refund the value of the phone ie. Rs.7,300/- to the complainant. The opposite parties are further directed to pay Rs.1000/- (Rupees one thousand only) towards compensation and costs to the complainant. The order shall be complied by the opposite parties within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 31st day of December, 2015. Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Babu. K. (Witness)
Ext.A1 - True copy of the bill
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
